A Treatise on the Law of the Domestic Relations: Embracing Husband and Wife, Parent and Child, Guardian and Ward, Infancy, and Master and ServantLittle, Brown, 1874 - 719 pages |
From inside the book
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Page 56
... court should sit as umpire . No one has suggested that the wife should choose the domicile , nor can judicial interference be well called in , except to divorce the parties . Yet , without a home in com- mon , of what avail is matrimony ...
... court should sit as umpire . No one has suggested that the wife should choose the domicile , nor can judicial interference be well called in , except to divorce the parties . Yet , without a home in com- mon , of what avail is matrimony ...
Page 79
... court decides whether articles are necessary , some- times a jury . The ordinary rule is that the court shall decide whether certain articles are to be classed as necessaries ; while the jury may determine the question of amount , and ...
... court decides whether articles are necessary , some- times a jury . The ordinary rule is that the court shall decide whether certain articles are to be classed as necessaries ; while the jury may determine the question of amount , and ...
Page 97
... Court in 1858.6 A married pair had separated by mutual consent , with the understanding that the wife should receive £ 200 a year , for her maintenance , from a fund settled on her at the time of marriage . A third person , who after ...
... Court in 1858.6 A married pair had separated by mutual consent , with the understanding that the wife should receive £ 200 a year , for her maintenance , from a fund settled on her at the time of marriage . A third person , who after ...
Page 132
... courts , until a like provision is made ; for the reason that it has a concurrent or appellate jurisdiction in the settle- ment of estates.3 In this country a court of equity has some- times gone so far as to lay hold of property for ...
... courts , until a like provision is made ; for the reason that it has a concurrent or appellate jurisdiction in the settle- ment of estates.3 In this country a court of equity has some- times gone so far as to lay hold of property for ...
Page 133
... court becomes the trustee of the fund.2 * As to assignees and legal representatives of the 130 husband the rule is the same . Their application to the court is treated as the husband's would have been ; es- pecially if the assignment in ...
... court becomes the trustee of the fund.2 * As to assignees and legal representatives of the 130 husband the rule is the same . Their application to the court is treated as the husband's would have been ; es- pecially if the assignment in ...
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Common terms and phrases
Allen appear apply appointment authority Barb Beav bind Bish bound Bright Hus chancery chattels child choses in action circumstances cited civil civil law cohabitation common law Conn consent contract court Court of Chancery court of equity coverture creditors curtesy Cush custody death debts divorce doctrine domicile dower England English equity father favor feme sole fraud fund gift Greenl guardian guardianship held husband and wife infant injuries interest Iowa Jones Kent land liable Litt Lord Lord Eldon Macphers Macq marital rights marriage married woman Mass Monr necessaries parent parties Peachey Mar Penn personal property presumption principle probate promissory note purchase real estate Real Prop rule separate estate separate property Settl settlement Smith socage statute suit supra survivorship testamentary tion trust void voidable ward ward's Washb Wend wife's separate
Popular passages
Page 612 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Page 16 - All property owned by the husband before marriage, and that acquired afterwards by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property.
Page 389 - For to those who gave us existence we naturally owe subjection and obedience during our minority, and honor and reverence ever after; they who protected the weakness of our infancy are entitled to our protection in the infirmity of their age ; they who by sustenance and education have enabled their offspring to prosper, ought in return to be supported by that offspring, in case they stand in need of assistance.
Page 150 - That no descent cast, discontinuance, or warranty which may happen or be made after the said Thirty-first day of December, One thousand eight hundred and thirty-three shall toll or defeat any right of entry or action for the recovery of land.
Page 678 - If it be done in the course of his employment, the master is liable ; and it makes no difference that the master did not authorize, or even know of the servant's act or neglect, or even if he disapproved or forbade it,. he is equally liable, if the act be done in the course of his servant's employment.
Page 219 - ... and the same shall not be subject to the disposal of her husband, nor be liable for his debts.
Page 343 - For the policy of our laws, which are ever watchful to promote industry, did not mean to compel a father to maintain his idle and lazy children in ease and indolence: but thought it unjust to oblige the parent against his will to provide them with superfluities, and other indulgences of fortune; imagining they might trust to the impulse of nature, if the children were deserving of such favours.
Page 689 - I do not think the liability or nonliability of the master to his workmen, can depend upon the question whether the author of the accident is not, or is, in any technical sense the fellow-workman, or collaborateur of the sufferer.
Page 51 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 323 - ... and such property may be disposed of by her in all respects as a feme sole, and on her decease the same shall, in case she shall die intestate, go as the same would have gone if her husband had been then dead...